Viddlz AlertzSM

Whether you want to know the daily specials at your favorite restaurants, the live entertainment & events at your favorite bars or access to "Top Secret", off-the-menu chef specials, Viddlz Alertz is the answer.

  1. 1What’s for Lunch?

    (or dinner or happy hour): Follow your favorite restaurants and bars to get alerted to their specials of the day, events and announcements.


    Save money with food & drink specials or discover something new!

  2. 2What are you craving?

    Are you interested in a local craft beer? Are you fiending for fresh, soft-shelled crab? Longing to hear a particular live band playing in a bar?


    Tell us your favorite dish and we will notify you when it’s being served…and where, of course!

  3. 3All in One location

    Get all of this in one email or on your easy-to-navigate MyViddlz page online.


    It’s your own personal food concierge!

$30/month Introductory Offer

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By checking this box, you agree to the Terms of Use.

VIDDLZ TERMS OF USE

EFFECTIVE:  FEBRUARY 28, 2014

Viddles, LLC (hereafter referred to as "Viddlz", “Company”, "We", "Us", or "Our") provides two (2) online platforms—Viddlz AlertzSM and the Viddlz Marketplace. Viddlz Alertz enables Establishments (defined below) to promote their dynamic food-related content (e.g. food/drink specials, menus of the day, events and announcements) beyond their physical location, while also making this content discoverable via a proprietary search engine. The Viddlz Marketplace connects Viddlrs (defined below) who have Food (defined below) to sell with Viddlees (defined below) seeking to order Food for sale by Viddlrs. The collective services of both platforms are called “Services”, and these Services are accessible at www.viddlz.com and any other websites through which Viddlz makes the Services available (collectively, the "Site") and as an application for mobile devices (the "Application"). By using Viddlz, you ("User", "Site User") are agreeing to be bound by the following terms and conditions (“Terms of Use”).

THE SITE, APPLICATION AND SERVICES COMPRISE ONLINE PLATFORMS THROUGH WHICH (I) ESTABLISHMENTS ADVERTISE THEIR FOOD SPECIALS, EVENTS AND ANNOUNCMENTS AND (II) VIDDLRS (DEFINED BELOW) MAY CREATE FOOD AVAILABILITY MENUS (DEFINED BELOW) FOR FOOD AND VIDDLEES (DEFINED BELOW) MAY LEARN ABOUT AND ORDER FOOD FOR SALE BY VIDDLRS. YOU UNDERSTAND AND AGREE THAT VIDDLZ IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN ESTABLISHMENTS, VIDDLRS AND VIDDLEES, NOR IS VIDDLZ A FOOD BROKER, AGENT OR INSURER. VIDDLZ HAS NO CONTROL OVER THE CONDUCT OR QUALITY OF ESTABLISHMENTS, VIDDLRS, VIDDLEES AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY FOOD, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

KEY TERMS

“Account” means all Viddlz accounts created by or on behalf of a Member within the Services or Site.

"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

“Establishment” means a Member that is a brick-and-mortar Food retailer (e.g. a restaurant, bar or food market).

“Food” means a substance that people or animals eat or drink.

"Food Availability Menu" means a menu of one or more Food items listed by a Viddlr as available for order via the Site, Application, and Services for pickup, delivery, or shipping at a given time.

"Member" means a person or entity who completes Viddlz’s account registration process, including, but not limited to Establishments, Viddlrs and Viddlees.

“Service Plan” means the period during which a Member has agreed to subscribe to the Services for a paying subscription.

“Subscription Term” means the period during which a Member has agreed to subscribe to any Services offered by Us.

"Viddlee" means a Member who consumes Content created by an Establishment or requests an order of Food for sale by a Viddlr via the Site, Application or Services.

"Viddlr" means a Member who creates a Food Availability Menu via the Site, Application and Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, OR SERVICE. If you accept or agree to these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity. Viddlz reserves the right to approve and disapprove Establishments and Viddlrs in its sole and absolute discretion upon the initial application for use of the Viddlz site or at any time during the Establishment’s or Viddlr’s ongoing use.

MODIFICATION

We reserve the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Use at any time at: http://www.viddlz.com/terms-of-use

Violation of any of the terms below may result in the termination of your Account. While We prohibit such conduct and objectionable Content on the Service, you understand and agree that We cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

LIMITED LIABILITY AND DISCLAIMERS

We are a facilitator of services – not a provider of food services or Food. More specifically, We have created platforms and a marketplace for Food by bringing together customers and Food vendors from all geographic locations, backgrounds and ethnicities. We enable potential customers to search for suitable Food vendors and Food postings within defined geographic locations for the purpose of ordering, buying and selling Food.

It is important for you to understand that We do not control or endorse any of Our site Establishments and Viddlrs. Nor do We determine which Foods, ingredients or their level of Food quality that should be made available for order through the site. As such, the responsibility is wholly yours to take the necessary measures to protect your health and safety. We cannot assure the good intention of any site User.

Likewise, We are not in a position to identify the ingredients that may cause allergic reactions for those with Food allergies. We merely are a facilitator, bringing together Food vendors and those wishing to order Food for sale by Food vendors. Site Users concerned with Food allergies need to be aware of this risk and must understand that We in no way screen the ingredients, health factors, or quality of any Food offered through the Site.

You understand and acknowledge that (i) We do not control or endorse any Food vendor, or accept responsibility for any Food, its quality, or any physical harm such prepared Food may cause; (ii) any dealings you may have with Establishments, Viddlrs or Viddlees are at your own risk; We will not be liable for any physical injury, or any other loss whatsoever, resulting from you dealings with other site Users, including as a result of face-to-face meetings with Establishments, Viddlrs or Viddlees; (iii) We will not be liable or responsible for any Food or services offered by Site Users that is unhealthy or that is the cause of any injury. We cannot possibly monitor the quality, nutritional and health factors associated with Food offered by the Establishments or Viddlrs; (iv) the order, sale and distribution of Food, and especially prepared Food, may be governed by various international, federal, state and local laws and regulations. It is YOUR responsibility to ensure that you comply with these laws and regulations at all times. In addition, federal, state and local regulations may mandate that Food to be sold retail be prepared in commercial kitchens or at the client's premises. Users who want to use the Site to offer or sell Food agree to understand and comply with these federal, state and local laws and obtain any necessary licenses or permits when required. That we facilitate transactions in your geographic location should in no way be taken as an endorsement of legality. It is up to you to conduct the necessary research and ensure compliance with relevant laws and regulations. We reserve the right to hold you liable, and you understand that you will indemnify Us, for any loss We may experience as a result of your violation of any laws or regulations. You hereby grant to Us the unlimited right and permission to comment publically (on one of our forums or blogs, for example) on your profile and services. You will have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any such use.

You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another person or entity.

USER CONDUCT

In using the Site, including all Services and Content available through it, you agree: not to disrupt or interfere with any other Users’ enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity or profile; not to use or attempt to use another’s account, password, service, or system without authorization from Company; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites. You agree that any Content posted by you to the Site will not infringe on the proprietary rights of any third party, including but not limited to the copyright, patent, trademark or trade secret rights of such third party.

MANAGING CONTENT AND COMMUNICATIONS

Company reserves the right, in its sole discretion, to delete or remove User Content from the Site, including in any of the user profiles, and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Company may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Company will have no liability related to User Content. Company disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content including any profiles.

WARRANTIES AND DISCLAIMERS

Except as expressly provided otherwise in a written agreement between you and Company or you and a third party with respect to such party’s materials or services, www.viddlz.com , and all Content and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Company makes no warranty that (i) the Services and Content, or any Food provided by an Establishment or Viddlr, will meet your requirements; (ii) the Services and Content on www.viddlz.com will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Content, including any searches conducted by Users to locate local Food vendors, will be effective, accurate, or reliable; (iv) the quality of any Foods, Services, or Content obtained or accessible by you through the Site or any of the Site’s Food vendors will meet your expectations. This Site could include technical or other mistakes, inaccuracies, or typographical errors. Company may make changes to the Content and Services at this Site at any time without notice. The Content or Services at this Site may be out of date, and Company makes no commitment to update such Content or Services.

The use of the Services or the downloading or other use of any Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Company assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Content offered through the Site. No advice or information, whether oral or written, obtained by you from Company or any Site User shall create any warranty not expressly stated in these Terms of Use.

VIDDLEE PAYMENTS AND VIDDLR PAYOUTS

Viddlz uses Balanced as its third party service providers for payment services (e.g., card acceptance, merchant settlement, and related services).  By making use of some or all of these payment services on Viddlz you agree to be bound by Balanced’s terms and conditions (available at https://www.balancedpayments.com/terms along with its privacy policy: https://www.balancedpayments.com/privacy ) and hereby consent and authorize Balanced to delegate the authorizations and share the information you provide to it with their Third Party Service Provider(s) to the extent required to provide the Payment Services to you. Balanced may also be contacted directly for payments support either by email at support@balancedpayments.com or by phone at +1 (888) 744-2622.

For your security, Viddlz does not store, retain or use your billing information except to process your credit card or bank account information for Viddlz.

Viddlees make online orders and payments through Viddlz for the Food they order from participating Viddlrs. In consideration for the services provided by Viddlz for facilitating a transaction, Viddlz typically assesses a percentage-based fee to the Viddlee based on the total amount of the payment processed (the “Viddlz Service Fee”). A Viddlee’s credit card is charged or account debited only after both the Viddlr and Viddlee have agreed to terms of a given order (a “Confirmed Order”), which terms include the initial payment amount, any payment adjustment and the final fulfillment details, including fulfillment date and time when the fulfillment method is pickup or delivery. In a case where We process payment for a deposit only, the Viddlr is solely responsible for collecting payment for the remaining balance owed the Viddlr.

When the fulfillment method is pickup or delivery, We hold the collected funds in escrow until the Viddlee has the opportunity to obtain the Food ordered thru Viddlz. If the Viddlee notifies Us within three (3) hours following the pickup or delivery time stated on the Confirmed Order that the Food ordered was not available as confirmed, We will place a hold on a payout of the funds to the Viddlr while We work to resolve any issue(s). After making a decision, in Our sole and absolute discretion, We can refund the amount paid by the Viddlee that was processed through Viddlz or issue a payout to the Viddlr for funds due from the transaction at issue. In all other circumstances, Viddlee will not be eligible for any refund and We will issue a payout to the Viddlr for funds due from a transaction.

When the fulfillment method is shipping, We payout funds owed to the Viddlr for a given transaction within three (3) business days of the Confirmed Order, per the paragraph below. Any amounts paid that a Viddlee processes through Viddlz for Food that is agreed to be shipped by a Confirmed Order is nonrefundable.

Viddlz settles amounts due Viddlrs by making payouts via ACH (direct deposit) to the bank account as provided in the Viddlr’s Viddlz account. Payouts made will be reduced by the amount We charge the Viddlr for payment processing, which is 2.9% + $0.30 per transaction. These payouts may be for an individual order or for multiple orders.

SUBSCRIPTION BILLING, PLAN MODIFICATIONS AND SUBSCRIPTION PAYMENTS

Unless otherwise indicated in these Terms of Use and subject to this Section, all charges associated with your access to and use of any Services requiring a subscription (“Subscription Charges”) are due in full upon commencement of your Subscription Term. If you fail to pay your Subscription Charges or charges for other services referencing these Terms of Use within five (5) business days of Our notice to you that payment is due or delinquent, or if you do not update payment information upon Our request, in addition to Our other remedies, We may suspend or terminate access to and use of the Services by you.

If you choose to upgrade your Service Plan during your Subscription Term (a “Subscription Upgrade”), any incremental Subscription Charges associated with such Subscription Upgrade will be prorated over the remaining period of your then current Subscription Term, charged to your account and due and payable upon implementation of such Subscription Upgrade.  In any future Subscription Term, your Subscription Charges will reflect any such Subscription Upgrades.

No refunds or credits for Subscription Charges or other fees or payments will be provided to you if you elect to downgrade your Service Plan. Downgrading your Service Plan may cause loss of content, features, or capacity of the Services as available to you under your Account, and Viddlz does not accept any liability for such loss. Viddlz reserves the right to contact you about special pricing if you place excessive stress on the Site or Services.

Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Viddlz based on its income. We will invoice you for such Taxes if We believe We have a legal obligation to do so and you agree to pay such Taxes if so invoiced.

If you pay by credit card or bank account draft, the Site provides an interface for the account owner to change credit card or bank account information (e.g., upon card renewal).  The account owner will receive a receipt upon each receipt of payment by Viddlz, or they may obtain a receipt from within the Site.

For your security, Viddlz does not store, retain or use your billing information except to process your credit card or bank account information for Viddlz.

SUBSCRIPTION CANCELLATION AND TERMINATION

Either you or Viddlz may elect to terminate your subscription to the Services as of the end of your then current Subscription Term by providing notice, in accordance with these Terms of Use, on or prior to the date thirty (30) days preceding the end of such Subscription Term.  Unless your subscription to the Services is so terminated, your subscription to the Services will renew for a Subscription Term equivalent in length to the then expiring Subscription Term.  Unless otherwise stated in a binding document by Us, the Subscription Charges applicable to your subscription to the Services for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which you have subscribed as of the time such subsequent Subscription Term commences.

No refunds or credits for Subscription Charges or other fees or payments will be provided to you if you elect to terminate your subscription to the Services or cancel your Account prior to the end of your then effective Subscription Term. Following the termination or cancellation of your subscription to the Services and/or Account, We reserve the right to delete all your data related to your subscription to the Services in the normal course of operation. You acknowledge that your data may not be recoverable once your subscription to the Services is terminated or cancelled.

If you terminate your subscription to the Services or cancel your Account prior to the end of your then effective Subscription Term or We effect such termination or cancellation pursuant to your violation of the User Conduct section of these Terms of Use, in addition to other amounts you may owe Viddlz, you must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term.  This amount will not be payable by you in the event you terminate your subscription to the Services or cancel your Account as a result of a material breach of these Terms of Use by Viddlz, provided that you provide advance notice of such breach to Viddlz and afford Viddlz not less than thirty (30) days to reasonably cure such breach.

Viddlz reserves the right to modify, suspend or terminate your rights to access and use the Services (or any part thereof) and/or your Account, and remove, disable and discard any of your Data if We believe that you have violated these Terms of Use.  Unless legally prohibited from doing so, Viddlz will use commercially reasonable efforts to contact you directly via email to notify you when taking any of the foregoing actions. Viddlz shall not be liable to you or any other third party for any such modification, suspension or discontinuation of your rights to access and use the Services.  Any suspected fraudulent, abusive, or illegal activity by you may be referred to law enforcement authorities at Our sole discretion.

PERSONAL INFORMATION AND PRIVACY

Personal information you provide Us via the Site or otherwise in connection with the Services will be subject to our Privacy Policy. You can review the most current version of Our Privacy Policy at any time at: http://www.viddlz.com/privacy-policy .

TRADEMARK INFORMATION

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Us or other third parties. You are not permitted to use the Marks without the prior written consent of Us or such third party that may own the Marks.

ENTIRE AGREEMENT

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Company to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

CONTROLLING LAW AND JURISDICTION

These Terms of Use will be interpreted in accordance with the laws of the State of North Carolina and the United States of America, without regard to its conflict-of-law provisions. You and We agree to submit to the personal jurisdiction of a state court located in Mecklenburg County, Charlotte, North Carolina or a United States District Court, Western District of North Carolina located in Charlotte, North Carolina for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

CONTACTING US

If you have any questions about this Terms of Use, please contact Viddlz by clicking here.